Digital Commons Network^™

Is Legal Ethics Asking The Right Questions?, Alan Dershowitz

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

What About The Children? Are Family Lawyers The Same (Ethically) As Criminal Lawyers? A Morality Play, Robert H. Aronson

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Legal Ethics: The Core Issues - Conference Faculty Selected Publications

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Is Legal Ethics Asking The Right Questions?, Alan Dershowitz

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Clients' Perjury And Lawyers' Opinion, Marvin E. Frankel

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

The Client Fraud Problem: A Justinian Quartet, Geoffrey C. Hazard Jr.

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

The Trouble With The Adversary System In A Post-Modern, Multi-Cultural World, Carrie Menkel-Meadow

Journal of the Institute for the Study of Legal Ethics

No abstract provided.

Book Notes, Burton C. Agata

Hofstra Law & Policy Symposium

No abstract provided.

Batson Meets The First Amendment: Prohibiting Peremptory Challenges That Violate A Prospective Juror's Speech And Association Rights, Cheryl G. Bader

Hofstra Law Review

No abstract provided.

Shaking The Foundation Of Gideon: A Critique Of Nichols In Overruling Baldasar V. Illinois, Ralph Ruebner, Jennifer Berner, Anne Herbert

Hofstra Law Review

No abstract provided.

The Suspension Clause In The Ratification Debates, Eric M. Freedman

Hofstra Law Faculty Scholarship

The issue of the proper scope of the federal writ of habeas corpus has for the past several decades generated repeated political struggles in the judicial, legislative, and executive arenas.1 The prominence of this seemingly arcane legal question is not difficult to explain; it implicates a series of fundamental issues of public policy: crime control, civil liberties, the allocation of power and responsibility between branches and levels of government, and the justice and efficacy of the criminal justice system, particularly with regard to the death penalty.

Yet the habeas corpus debate has taken place in the context of an astonishing …

A Lot More Comes Into Focus When You Remove The Lens Cap: Why Proliferating New Technologies Make It Particularly Urgent For The Supreme Court To Abandon Its Inside-Out Approach To Freedom Of Speech, And Bring Obscenity, Fighting Words, And Group Libel Within The First Amendment, Eric M. Freedman

Hofstra Law Faculty Scholarship

This article calls for an end to the doctrinal distinction between speech that is "inside" the First Amendment and that which is "outside" it.

By re-examining the premises underlying its vindication of the summary suppression of obscenity, and overruling the moribund yet still-mischievous cases of Chaplinsky v. New Hampshire, 315 U.S. 568 (1942) (denying First Amendment protection to "fighting words") and Beauharnais v. Illinois, 343 U.S. 250 (1952) (denying First Amendment protection to group libel), the Court would take an important step towards blunting a variety of modern threats to freedom of expression.

Otherwise we risk having a Ptolemaic proliferation …

The Road Less Taken: Annulment At The Turn Of The Century, Joanna L. Grossman, Chris Guthrie

Hofstra Law Faculty Scholarship

The existence of annulment prior to the mid-nineteenth century is easily explained. Until 1857, England was a "divorceless society." Accordingly, the only way an unhappy spouse could escape marriage was by seeking an annulment-a declaration that the marriage had never validly existed-from an ecclesiastical court operated by the Catholic Church. According to one family law scholar, "annulments [in those times] performed what we would think of as the function of divorces."

This explanation, though plausible in that context, fails to account for the continued vitality of annulment in late nineteenth and early twentieth-century America, a time when liberal divorce laws …

Changing State Constitutions: Dual Constitutionalism And The Amending Process, Peter J. Galie, Christopher Bopst

Hofstra Law & Policy Symposium

No abstract provided.

The Chains May Be Heavy, But They Are Not Cruel And Unusual: Examining The Constitutionality Of The Reintroduced Chain Gang, Yale Glazer

Hofstra Law Review

No abstract provided.

The Historical And Constitutional Contexts Of Jury Reform, Douglas G. Smith

Hofstra Law Review

This article examines the evolution of the jury from its origins in England through its transportation to America. The article compares and contrasts the various historical models of the jury with the modern American jury. Although much has been written concerning the historicaldevelopment of the English jury, surprisingly little has been written about the historical development of the American jury. In particular, the article concludes that consideration of historical practices in America may serve as a useful guide to future reform of the jury system as well as to the constitutional constraints that may be imposed on reform of jury …

The Strange Case Of American Civil Procedure And The Missing Uniform Discovery Time Limits, John Burritt Mcarthur

Hofstra Law Review

No abstract provided.